Sovereignty Unbound

Sovereignty Unbound: Navigating the Modern State in the Digital Era Presented by: Professor Marina Timoteo (University of Bologna), Erasmus University Rotterdam. Sovereignty and the Modern State - Latin word “superanus”, which means "over" or "superior”. - Sovereignty as a political and legal concept for the Modern State, linked to idea of the power enjoyed by a governing body to rule over itself, free from any interference by outside sources or bodies - Jean Bodin monarchical sovereignty - Jean-Jacques Rousseau popular sovereignty - External and internal expressions of sovereignty - TERRITORIAL DIMENSION OF SOVEREIGNTY Late XX Century: Crisis Of State Sovereignty?  Since the last decades of XX century sovereignty started to be considered a vanishing reality due to: the emergence of global market economy and Internet's development and the growing importance of digital network communication.  Since the last decades of XX century sovereignty started to be considered a vanishing reality due to: the emergence of global market economy and Internet's development and the growing importance of digital network communication Late XX Century: Towards A New Sovereignty? - Internet was supposed to end sovereignty - John Perry Barlow (Internet activist) advocates for a new concept of sovereignty: A Declaration on the Independence of Cyberspace published in 1996: "Governments of the Industrial World, ... giants of flesh and steel, I come from Cyberspace, the new home of Mind. On behalf of the future, I ask you of the past to leave us alone. You have no sovereignty where we gather." - Internet was supposed to end sovereignty ... or to start a new season for theory and reality of the concept of sovereignty... - Andrea Leiter “cyber sovereignty is a techno- legal sphere cauterized by claims to governance by states, companies, and individuals" (Cyber Sovereignty: A Snapshot from a Field in Motion, Harvard International Law Journal Frontiers, vol. 61, 2020) A New Sovereignty - New life of State sovereignty 2017 International Strategy on Cooperation in Cyberspace Issued by the Ministry of Foreign Affairs and the Cyberspace Administration of China): concept of sovereignty in cyberspace (R. CRIEMERS) Cyber Sovereignty: Concept And Strategic Role  2017 International Strategy on Cooperation in Cyberspace, Issued by the Ministry of Foreign Affairs and the Cyberspace Administration of Chin): concept of sovereignty in cyberspace  It provides a comprehensive explanation of China's policy and position on cyber-related international affairs as well as the basic principles, strategic goals and plan of action in its external relations on that front (Preface)  "The strategic goals of China's participation in international cyberspace cooperation are to: firmly safeguard China's cyber sovereignty, security and development interests in cyberspace, ensure safe and orderly flow of internet information, improve global connectivity, safeguard peace, security and stability in cyberspace, enhance international rule of law in cyberspace, promote global digital economic development, deepen exchange and mutual learning of cyberculture, so that the achievements made in the development of the Internet will benefit the world and bring better welfare to the people of all countries." The Principle of Sovereignty (Ch. II, 2 Basic Principles)  "...Countries should respect each other's right to choose their own path of cyber development, model of cyber regulation and Internet public policies, and participate in international cyberspace governance on an equal footing. No country should pursue cyber hegemony, interfere in other countries' internal affairs, or engage in, condone or support cyber activities that undermine other countries' national security. European Union - In her 2019 "Agenda for Europe", Commission President Ursula von der Leyen states that "it is not too late to achieve technological sovereignty in some critical technology areas", citing artificial intelligence, quantum computing and blockchains as examples of such areas. Gradually, Europe's "digital sovereignty" is taking shape - In July 2020, the German government, in its official programs for its presidency of the European Council, announced its intention "to establish digital sovereignty as a leitmotiv of European digital policy" The FIGHT for DIGITAL SOVREGNITY (Luciano Floridi)  July 16, 2020: The Court of Justice of the European Union held that the EU-US Data Protection Shield (the agreement that regulates the transfer of the data of European users to processors in the US for commercial purposes) was invalid as the level of data protection in US was not equivalent to that required under EU Law  July 20, 2020: Huawei is a leading Chinese company in the production of 5G networks and systems. If the EU will ban the use of its technology for security reasons, following in this the US and Great Britain, then China threatened that it may retaliate against two European companies, Nokia and Ericsson.  October 2020 Swedish government decided to ban Huawei from supplying 5 G equipment due to security concern. Finland did not follow  19 July 2021 (Reuters) : "Nokia won its first 5G radio contract in China, securing a share in one of China's Mobile three new 5G contracts, while Nordic rival Ericson lost market share after getting caught up in a political spat"  "These are just a handful of examples, during some ordinary weeks in the life of the digital revolution"  These are all episodes in the fight for digital sovereignty, that is, for the control of data, software (e.g. AI), standards and protocols (e.g. 5G, domain names), processes (e.g. cloud computing), hardware (e.g. mobile phones), services (e.g. social media, e-commerce), and infrastructures (e.g. cables, satellites, smart cities), in short, for the control of the digital.  The fight for digital sovereignty is an epochal struggle. The most visible clash is between companies and states, and it is asymmetric. On the one hand, companies design, produce, sell, and maintain the digital. This poietic (that is, creative) power over the digital means that states depend on companies for almost anything that is digital, to the extent that, for example, companies have, in some contexts, become the first line of defense when it comes to cyber-attacks. On the other hand, states have the power to regulate the digital, and this is a powerful form of cybernetic (in the original, Greek sense of piloting or steering) Regulate The Digital  "Regulatory regimes around the world are pushing to claim jurisdiction over data. Informed by "data sovereignty,” governments are coming to see data as a commodity like any other – one that needs to be owned, controlled, and protected. To them, data is an intangible asset no different from other intangible assets like intellectual property" (Hinrich foundation report). Regulate Data And Information Protection: A Means For Cyber Sovereignty? 2021-2022: new Chinese laws for data and (personal) information protection. Key political objectives for China: 1. US-China competition: Strengthening control over key resources (i.e., data) for tech development. 2. State-capital dialectic: Limiting the economic and political power of 'big techs', potential competitors to CCP authority. 3. State-citizens relations: Protecting citizens interest (privacy) amid growing social discontent. Source: Nanni, R. "La nascente normativa cinese sulla protezione dei dati personali alla luce dei rapporti tra stato e attori privati", Comunicazionepuntodoc (forthcoming)